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Amount which was never routed through or debited the profit & loss account could not be considered for the purpose of determination of book profits

Case Law Details

Case Name
ITO Vs. United Estate P. Ltd. (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2007- 08
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ITO Vs. United Estate P. Ltd. (ITAT Mumbai)- The Hon’ble Supreme Court clearly observed in the case of National Hydroelectric Power Corporation Ltd. vs. CIT [supra] that for making an addition under clause (b) of Explanation 1 to sec.115JB two conditions must be satisfied jointly. (1)(a) There must be a debit of the amount to the profit & loss account, (clause (b) of Explanation 1 to sec.115JB) the amount so debited must be carried to the reserve. Further, the reserve contemplated by clause (b) of Explanation 1 to sec.115JB is required to be carried through the profit & loss acco...
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